The Knottingley Power Plant Order 2015

• (1) No part of the authorised development may commence until a written public rights of way management plan for any sections of public rights of way shown to be extinguished or temporarily closed on the public rights of way temporary closures and permanent stopping up plan for that part has been approved in writing by the relevant planning authority in consultation with the relevant highway authority.

• (2) The public rights of way management plan for the relevant part must include details of and a specification for the provisions of the temporary bridleway to be provided as part of Work No. 9.

• (3) The public rights of way management plan and the provision of the temporary bridleway must thereafter be implemented as approved.

Highway accesses

10

• (1) No part of the authorised development may commence until written details of the siting, design and layout of any new permanent or temporary means of access to a highway to be used by vehicular traffic, or any alteration to an existing means of access to a highway used by vehicular traffic, has, for that part, been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority.

• (2) The highway accesses must be constructed in accordance with the approved details prior to commencement of the relevant part of the authorised development.

• (3) No part of the authorised development may commence until, for that part, a written Access Management Scheme has been submitted to and approved in writing by the relevant planning authority.

• (4) The Access Management Scheme must be implemented in accordance with the approved details.

Temporary buildings, structures and roads

11

• (1) No part of the authorised development comprising the generating station, the overhead lines and pylons, the pumping station or the AGI may commence until for that part a written scheme in accordance with sub-paragraph (2) has been submitted to and approved in writing by the relevant planning authority.

• (2) The scheme must include details of—

• (a) the siting, design and external appearance of temporary buildings and structures, artificial lighting and fencing to be erected and used during the period of construction;

• (b) temporary vehicular roads, parking hardstandings, laydown areas and turning facilities to be used during the period of construction; and

• (c) the secure fencing of construction sites.

• (3) The scheme under sub-paragraph (2) must be implemented as approved.

• (4) All temporary works must be removed within a period of twelve calendar months following commencement of the operational phase of the authorised development.

Surface and foul water drainage

12

• (1) No part of the authorised development may commence until, for that part, written details of the surface and foul water drainage systems (including means of pollution control) have been submitted to and approved in writing by the relevant planning authority in consultation with the internal drainage board, the Environment Agency, the Lead Local Flood Authority, the Canal and River Trust, and NRIL, as appropriate.

• (2) The surface and foul water drainage system must thereafter be constructed in accordance with the approved details before the operational phase of that part of the authorised development commences.

Contaminated land and groundwater – general

13

• (1) No part of the authorised development may commence until, for that part, a written scheme produced in line with CLR11 Model Procedures (which may be included in the CEMP) to deal with the contamination of any land, including groundwater, within the Order limits has been submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency.

• (2) The scheme must include an investigation and assessment report, prepared by a specialist consultant and approved in writing by the relevant planning authority, to identify the extent of any contamination and a risk based remedial strategy to be produced and fully implemented, based on the findings of the investigation, to render the land fit for its intended purpose, together with a management plan which sets out long-term monitoring measures with respect to any contaminants remaining on the site.

• (3) If during construction of the authorised development contaminated land or groundwater is encountered in excavations of Order land that was not identified in the initial investigation and assessment, then work in the vicinity of that contamination must be suspended, additional investigation and assessment carried out, and the scheme produced under sub-paragraph (1) amended to reflect the results. The amendments and any additional remediation required must be approved by the relevant planning authority in consultation with the Environment Agency prior to any works resuming.

• (4) Remediation must be implemented in accordance with the approved scheme.

• (5) Prior to commencement of the authorised development (or resumption of works following additional investigation and assessment under sub-paragraph (3)), a verification report demonstrating completion of the remediation works and the effectiveness of the remediation must be submitted to and approved, in writing, by the relevant planning authority in consultation with the Environment Agency. The report must include results of the sampling and monitoring carried out in accordance with the approved remedial strategy to demonstrate that the site remediation criteria have been met.

Contaminated land and groundwater – known contamination on the site of the generating station

14

The part of the authorised development comprising the generating station must not commence until the remediation permission has been implemented in full and a verification report under Requirement 13(5) has been submitted to and approved in writing by the relevant planning authority.

Archaeology

15

• (1) No part of the authorised development may commence until for that part a written scheme for the investigation of areas of archaeological interest has been submitted to and approved in writing by the relevant planning authority.

• (2) The scheme must identify areas where field work and/or a watching brief are required, and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

• (3) Any archaeological works or watching brief implemented under the scheme must be by a suitably qualified person or body approved in writing by the relevant planning authority.

• (4) Any archaeological works or watching brief must be implemented in accordance with the approved scheme.

Ecological management plan

16

• (1) No part of the authorised development may commence until a written ecological management plan (which may form part of the construction environment management plan approved under Requirement 17) for that part has been submitted to and approved in writing by the relevant planning authority in consultation with the Canal and River Trust, the Yorkshire Wildlife Trust, West Yorkshire Ecology and North Yorkshire County Council Ecologist as appropriate.

• (2) No part of the gas pipeline or water pipelines may commence, or material construction works on any part of them continue, between the months of October and February in any given year unless a wintering birds survey and, if appropriate, a proposed scheme of mitigation, is first submitted to and approved in writing by the relevant planning authority in consultation with Natural England. Any approved scheme of mitigation must be incorporated into the ecological management plan.

• (3) The ecological management plan must contain on-site biodiversity mitigation to address the biodiversity loss resulting from the construction of the generating station (subsequent to the implementation of the remediation permission), unless off-site compensation or “offsetting” is provided to address this biodiversity loss (in full or in part) to the satisfaction of the relevant planning authority.

• (4) The ecological management plan must include an implementation timetable and be implemented as approved.

Construction environment management plan

17

• (1) No part of the authorised development may commence until a CEMP relating to that part, which accords with the principles set out in the environmental statement (section 27 – Framework for a CEMP), has been submitted to and approved in writing by the relevant planning authority in consultation with the relevant highway authority.

• (2) The CEMP must in particular include—

• (a) a code of construction practice, specifying measures designed to minimised the impacts of construction works, addressing—

• (i) external lighting;

• (ii) noise and vibration;

• (iii) air quality including dust;

• (iv) construction hours, subject always to paragraph (e), being, between 0700 and 1900 hours on weekdays and 0800 and 1800 hours on Saturdays and no working on Sunday or public holidays, except during such periods and in such locations as are previously agreed by the relevant planning authority; save in relation to Work No. 5 to which no restriction applies under this sub-paragraph (iv);

• (b) a site waste management plan;

• (c) a traffic management plan addressing construction traffic to and materials storage on the authorised development, including any road closures, site access and a construction travel plan;

• (d) a scheme for the notification of any significant construction impacts on local residents to local residents and the relevant planning authority;

• (e) a scheme for impact piling, or other means of pile driving, addressing methods and duration of piling and stating the criteria according to which pile driving is chosen, which must require impact piling to be limited to the following times—

• (i) Monday to Friday: 0900–1800 hours;

• (ii) Saturday: 0900–1300 hours; and

• (iii) no impact piling on Sunday or Bank Holidays

unless such impact piling is required because of an emergency;

• (f) a water management assessment (assessment of the risks to and mitigation measures designed to protect controlled waters (surface and groundwater) including pollution control); and

• (g) a review of the impact of the authorised development on the River Aire in a water body action plan.

• (3) The relevant planning authority must consult NRIL in respect of the elements of the CEMP concerning—

• (a) temporary external lighting around the generating station and overhead lines and pylons, to the extent that it affects any railway belonging to NRIL, and

• (b) the construction traffic management plan in respect of the generating station and overhead lines and pylons.

• (4) All construction works must be implemented in accordance with the CEMP.

Common Lane improvement

18

Prior to commencement of the part of the authorised development comprising the generating station, Work No. 4 (improvements to Common Lane) must be implemented to the satisfaction of the relevant planning authority.

Air Safety

19

• (1) No part of the authorised development comprising the generating station may commence until the undertaker has notified the Ministry of Defence – Defence Geographic Centre in relation to the generating station of—

• (a) the precise location of the authorised development with grid coordinates;

• (b) the proposed date of commencement of construction;

• (c) the height above ground level in metres of the tallest structure;

• (d) the maximum extension height in metres of any construction equipment.

• (2) The undertaker must ensure that any stacks are fitted with aviation warning lighting with a minimum intensity of 25 candela omni directional red light or equivalent infra-red light fitted at the highest practicable point of the structure.

• (3) Within 28 days of completion of the construction of the generating station the undertaker must notify the Ministry of Defence – Defence Geographic Centre of the date of such completion of construction.

Flooding – mitigation

20

• (1) No part of the authorised development may commence until for that part there has been submitted to and approved in writing by (and deposited with) the relevant planning authority, in consultation with the Environment Agency and the relevant internal drainage board, a scheme for mitigation of flood risk during the construction and operation of the authorised development prepared in accordance with the principles set out in the flood risk assessment.

• (2) The scheme approved must thereafter be fully implemented and adhered to throughout the period of the construction and operation of the relevant part of the authorised development.

Fire prevention

21

• (1) No part of the authorised development may commence until for that part there has been submitted to and approved in writing by the relevant planning authority a fire prevention method statement providing details of fire detection measures, fire suppression measures and the location of accesses to all fire appliances in all of the major building structures and storage areas within the authorised development such method statement to be prepared, including measures to contain and treat water used to suppress any fire.

• (2) The authorised development must be implemented in accordance with the approved details and all the relevant fire suppression measures and fire appliances must be maintained to the reasonable satisfaction of the relevant planning authority at all times when the authorised development is operational.

Waste management on site – operational phase

22

• (1) No part of the authorised development may be brought into operation until the relevant planning authority has received and approved in writing a waste management plan for the operational phase for that part of the authorised development incorporating the principles in the environmental statement. The site waste management plan must address and include at least the following—

• (a) the storage of waste materials on site;

• (b) removal of waste materials from the site for recovery/disposal at appropriately licensed sites;

• (c) the return/disposal of general engineering wastes (such as spent filters and used parts).

• (2) The authorised development must thereafter be operated fully in accordance with the approved details.

Control of noise – operational phase

23

• (1) The part of the authorised development comprising the generating station may not be brought into operation until a written scheme for noise management including monitoring and attenuation for the use of the authorised development has been submitted to and approved in writing by the relevant planning authority in consultation with Selby District Council.

• (2) Noise from the operation of the generating station must be no greater than the existing background level (expressed as LA90 dB) when monitored in accordance with BS4142: 1997 Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas, adjacent to the nearest residential properties at such locations as are agreed with the relevant planning authority. The noise levels must be monitored across 1 hour in the day-time and 5 minutes at night-time.

• (3) The noise management scheme must be implemented as approved.

European protected species

24

• (1) No part of the authorised development may commence until further survey work for that part has been carried out to establish whether any European protected species is present on any of the land affected, or likely to be affected, by that part of the authorised development or in any of the trees to be lopped or felled or buildings to be demolished in connection with that part of the authorised development.

• (2) Where a European protected species is shown to be present, no authorised development of that part may be begun until, after consultation with Natural England, a scheme of protection and mitigation measures has been submitted to and approved in writing by the relevant planning authority.

• (3) The authorised development must be implemented in accordance with the approved scheme.

• (4) The part of the authorised development comprising the generating station may not be commenced until great crested newts have been removed in accordance with the relevant condition of the remediation permission.

• (5) “European protected species” has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010[^f00026].

Restoration of land used temporarily for construction

25

• (1) Any land within the Order limits which is used temporarily for construction must be reinstated to its former condition, or such condition as the relevant planning authority may approve in writing (or which may be provided for under an approved landscaping scheme).

• (2) Reinstatement works must be commenced promptly following completion of the relevant part of the authorised development, and within three months of any required approval by the relevant planning authority. The reinstatement must be implemented in accordance with any timetable included in any relevant approved landscaping scheme.

Air quality monitoring

26

• (1) The authorised development comprising the generating station may not become operational until there has been submitted to and approved in writing by Wakefield Metropolitan District Council in consultation with Selby District Council a scheme for the monitoring of nitrogen oxides (NOx) in the area.

• (2) The scheme must—

• (a) include the measurement locations from which air pollution is required to be monitored,

• (b) specify the equipment and methods to be used,

• (c) specify the frequency of measurement,

• (d) require the first measurement to be taken not less than 24 months prior to the generating station becoming operational, and

• (e) require the final measurement to be taken not more than 12 months after the cessation of operation.

• (3) The undertaker must supply to Wakefield Metropolitan District Council and Selby District Council the full details of the measurements obtained in accordance with the scheme as soon as possible after they become available.

Combined heat and power

27

A facility must be provided and maintained within Work No. 1 to enable steam pass-outs and/or hot water pass-outs and reserve space for the provision of water pressurisation, heating and pumping systems for off-site users of process and space heating and its later connection to such systems should a commercial arrangement be identified for combined heat and power which is economically viable.

28

• (1) Prior to the operation of Work No, 1, a review of potential opportunities for the use of heat from the authorised development must be submitted to and approved by the relevant planning authority.

• (2) The review shall provide for the on-going monitoring and full exploration of potential opportunities to use heat from the authorised development as part of a good quality CHP scheme in accordance with the principles set out in the CHPQA Standard Issue 3, and for the provision of subsequent reviews of such opportunities as necessary.

• (3) Where viable opportunities for the use of heat are identified, a scheme for the provision of the necessary Plant and pipework to the boundary of the site shall be submitted to and approved by the relevant planning authority; any plant and pipework installed up to the Order limits to enable the use of heat shall be installed in accordance with the agreed details.

• (4) In this requirement, ‘CHPQ Standard Issued 3’refers to the document of that name prepared by the Department for Environment, Food and Rural Affairs and published in January 2009, and the reference to a ‘good quality CHP scheme ‘should be interpreted in accordance with that document.

CCS site

29

Until such time as the generating station is decommissioned, the undertaker must not, without the written consent of the Secretary of State—

• (a) dispose of any interest in the CCS site; or

• (b) do anything, or allow anything to be done or to occur, which may reasonably be expected to diminish the undertaker’s ability, within two years of such occurrence, to prepare the CCS site for the installation and operation of the capture equipment.

CCS monitoring report

30

• (1) The undertaker must make a report (“CCS monitoring report”) to the Secretary of State—

• (a) on or before the date on which three months have passed from commencement of operation of the authorised development; and

• (b) within one month of the second anniversary, and each subsequent even-numbered anniversary, of that date.

• (2) Each CCS monitoring report must provide evidence that the undertaker has complied with Requirement 29—

• (a) in the case of the first CCS monitoring report, since this Order was made; and

• (b) in the case of any subsequent report, since the making of the previous CCS monitoring report,

and explain how the undertaker expects to continue to comply with Requirement 29 over the next two years.

• (3) Each CCS monitoring report must state whether the undertaker considers that some or all of the technology referred to in the current CCS proposals will not work and identify any other impediment to the technical feasibility of the current CCS proposal, explaining the reasons for any such conclusion and whether such impediments could be overcome. If the undertaker considers that technical impediments could be overcome by putting forward a revised CCS proposal, this should be included in the CCS monitoring report.

• (4) Each CCS monitoring report must state, with reasons, whether the undertaker has decided to seek any additional regulatory clearances, or to modify any existing regulatory clearances, in respect of its current CCS proposals.

Applicability of Requirements 29 and 30

31

• (1) Requirements 29 and 30 will cease to have effect as soon as any of the following events occurs—

• (a) the capture equipment is installed; or

• (b) the generating station is decommissioned; or

• (c) the Secretary of State’s agreement to the undertaker not installing capture equipment and having no current CCS proposals has been obtained in writing.

• (2) Requirement 29 will cease to have effect if the requirement to hold land for the installation of capture equipment ceases to be included in law or planning policy as from time to time in force.

• (3) Requirement 30 will cease to have effect if the requirement to submit a CCS report ceases to be included in law or planning policy as from time to time in force.

Decommissioning

32

• (1) Within 12 months of the generating station ceasing to be used for the purposes of generating electricity, a site closure and restoration plan for the demolition and removal of the generating station and pumping station must be submitted for approval by the relevant planning authority. The scheme must include—

• (a) details of all structures and buildings to be demolished;

• (b) details of the means of removal of the materials resulting from decommissioning works;

• (c) details of the phasing of the demolition and removal works;

• (d) details of the restoration works to restore the operations area to a condition agreed with the relevant planning authority;

• (e) details of any restoration works and their phasing;

• (f) a timetable in which the scheme must be carried out; and

• (g) an environment management plan for the demolition and decommissioning works addressing the matters listed in Requirement 17 (construction environment management plan).

• (2) The demolition and removal of the generating station must be implemented in accordance with the approved scheme.

Requirement for written approval

33

Where under any of the above Requirements the approval or agreement of the relevant planning authority or another person is required, that approval or agreement must be provided in writing.

Approved details

34

• (1) All details submitted for the approval of the relevant planning authority under these Requirements must be in accordance with the parameters of the environmental statement and reflect the principles set out in the documents certified under article 37.

• (2) The authorised development must be carried out in accordance with the design drawings subject to such non-material amendments as are approved in writing by the relevant planning authority; provided that such approval is not given except where it has been demonstrated to the satisfaction of the relevant planning authority that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

• (3) The authorised development must be carried out in accordance with the details approved.

• (4) Where the approval or agreement of the relevant planning authority or another person is required under any of the Requirements, that approval or agreement must be given in writing.

Local liaison committee

35

The authorised development may not commence until the undertaker has established a committee to liaise with local residents and organisations about matters relating to the authorised development (a “local liaison committee”). The local liaison committee must include representatives of the undertaker. The undertaker must invite Wakefield Metropolitan District Council, Selby District Council, North Yorkshire County Council, the Environment Agency, West Yorkshire Police and other relevant interest groups, as may be agreed with Wakefield Metropolitan District Council, to nominate representatives to join the local liaison committee. The undertaker must provide a full secretariat service and supply an appropriate venue. The local liaison committee must meet every other month, starting in the month prior to commencement of the authorised development, until the completion of construction, testing and commissioning works unless otherwise agreed in writing by the majority of the members of the local liaison committee. During the operational phase of the authorised development, the local liaison committee must meet once a year unless otherwise agreed in writing by the majority of the members of the local liaison committee.

Employment and Skills plan

36

The authorised development comprised in Work No. 1 shall not commence until an employment and skills plan detailing arrangements to promote employment and skills development opportunities has been submitted to and approved in writing by the relevant planning authority. The plan must include proposals for promoting such opportunities for local residents and the approved employment and skills plan must be implemented and maintained during the construction and operation of the authorised development comprised in Work No.1.

Notice of start and completion of commissioning

37

• (1) Notice of the intended start of commissioning must be given to the relevant planning authority where practicable prior to such commencement and in any event within seven (7) days from the date that commissioning is commenced.

• (2) Notice of the intended completion of commissioning must be given to the relevant planning authority where practicable prior to such completion and in any event within seven (7) days from the date that commissioning is completed.

Notice of commencement of operation

38

Notice of the intended start of operation must be given to the relevant planning authority and the Environment Agency, by means of an operational phase notice, where practicable prior to such commencement and in any event within seven (7) days from the date that operation is commenced.

SCHEDULE 2 — STREETS SUBJECT TO STREET WORKS

(1)	(2)
Area	Street subject to street works
Wakefield Metropolitan District	Common Lane
Wakefield Metropolitan District	Weeland Road (A645)
Selby District	Weeland Road (A645)
Selby District	Farmer’s track near Kellingley Farm
Selby District	Common Lane
Selby District	New Lane
Selby District	Beal Lane
Selby District	Farmer’s Track in Beal Carrs
Selby District	Marsh Lane
Selby District	Birkin Road
Selby District	Royd’s Road
Selby District	Pale Lane

SCHEDULE 3 — STREETS TO BE STOPPED UP

STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)	(2)	(3)	(4)
Area	Street to be stopped up	Extent of stopping up	Temporary alternative route to be provided
Wakefield Metropolitan District	Common Lane	So much of Common Lane (private accommodation road) as is within Work Nos. 1 and 2 as shown on the works plan	The temporary bridleway described in Work No. 9 in Part 1 of Schedule 1 and shown coloured yellow on the plan

SCHEDULE 4 — PUBLIC RIGHT OF WAY TO BE TEMPORARILY CLOSED AND PERMANENTLY STOPPED UP

PART 1 — Claimed public right of way to be extinguished for which a replacement will be provided

(1)	(2)	(3)	(4)
Area	Public right of way to be stopped up	Extent of stopping up	Temporary bridleway
Wakefield Metropolitan	Claimed public bridleway along Common Lane	So much of Common Lane as is shown market by a green dashed line on the public rights of way temporary closures and permanent stopping up plan	The temporary bridleway described in Work No. 9 in Part 1 of Schedule 1 and shown coloured yellow on the plan

PART 2 — Rights of way for which a replacement will be provided during temporary closure

(1)	(2)	(3)
Area	Footpath to be temporarily closed	Extent of temporary closure
Selby District	Footpath 35.30/7/1 off Pale Lane	As shown marked by a black line on the public rights of way temporary closures and permanent stopping up plan
Selby District	Footpath 35.72/3/1 off Marsh Lane	As shown marked by a black line on the public rights of way temporary closures and permanent stopping up plan
Selby District	Footpath 35.41/5/1 south of the River Aire	As shown marked by a black line on the public rights of way temporary closures and permanent stopping up plan
Selby District	Footpath 35.7/6/1 along River Aire at pumping station	As shown marked by a black line on the public rights of way temporary closures and permanent stopping up plan
Selby District	Footpath 35.7/8/1 north of Kellingley Farm	As shown marked by a black line on the public rights of way temporary closures and permanent stopping up plan
Selby District	Footpath 35.7/9/1 west of Kellingley Farm	As shown marked by a black line on the public rights of way temporary closures and permanent stopping up plan

PART 3 — Rights of way for which no replacement will be provided during temporary closure

(1)	(2)	(3)
Area	Footpath to be temporarily closed	Extent of temporary closure
Wakefield District	Claimed public bridleway along Common Lane and leading onto a track connecting to Beal Lane	As shown marked by a pink dashed line on the public rights of way temporary closures and permanent stopping up plan
Wakefield District	Claimed public bridleway along Southmoor Lane	As shown marked by a pink dashed line on the public rights of way temporary closures and permanent stopping up plan

SCHEDULE 5 — ACCESS TO WORKS

(1)	(2)	(3)
Area	Access number on access to works plan	Description of access
Selby District	1	Pale Lane (N) – permanent access
Selby District	2	Pale Lane (S) – indicative temporary access
Selby District	3	Birkin Road (N) – indicative temporary access
Selby District	4	Marsh Lane – indicative temporary access
Selby District	5	Low Road – indicative temporary access
Selby District	6	Beal Lane (N) – indicative temporary access
Selby District	7	Beal Lane (S) – indicative temporary access
Selby District	8	New Lane (E) – indicative temporary access
Selby District	9	New Lane (W) – indicative temporary access
Selby District	10	Common Lane (E) – indicative temporary access
Selby District	11	Common Lane (W) – indicative temporary access
Selby District	12	Stocking Lane – indicative temporary access
Selby District	13	Weeland Road (N) – indicative temporary access
Wakefield District	14	Weeland Road (S) – indicative temporary access
Wakefield District	15	Common Lane – permanent access
Wakefield District	16	Southmoor Lane (E) – indicative temporary access
Wakefield District	17	Blackburn Lane (E) – permanent Access

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without prejudice to the generality of paragraph 1, the Land Compensation Act 1973[^f00027] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

• (a) for the words “land is acquired or taken” there is substituted the words “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for the words “acquired or taken from him” there is substituted the words “over which the right is exercisable or the restrictive covenant enforceable”.

• (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

• (a) for the word “part” in paragraphs (a) and (b) there is substituted the words “a right over or restrictive covenant affecting land consisting”;

• (b) for the word “severance” there is substituted the words “right or restrictive covenant over or affecting the whole of the house, building or manufactory or of the house and the park or garden”;

• (c) for the words “part proposed” there is substituted the words “right or restrictive covenant proposed”; and

• (d) for the words “part is” there is substituted the words “right or restrictive covenant is”.

Application of the 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired; or

• (b) the land over which the right is or is to be exercisable; or

• (c) the land over which the restrictive covenant is enforceable.

• (2) Without prejudice to the generality of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right, or the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard is had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) there is substituted the following section—

(8) (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs, in relation to that person, the Order ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is so modified as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act (tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

10

In this Schedule, “acquiring authority” has the same meaning as “the undertaker” in article 2(1) (Interpretation) of this Order.

SCHEDULE 7 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirement

1

• (1) Where an application has been made to a relevant planning authority for any agreement or approval required by any requirement included in this Order, the relevant planning authority must give notice to the undertaker of its decision on the application before the end of the decision period.

• (2) For the purposes of sub-paragraph (1), the decision period is—

• (a) where no further information is requested under paragraph 2, 8 weeks from the day immediately following that on which the application is received by the authority or the day on which the fee under paragraph 3(1) of this Schedule is received, whichever is the later;

• (b) where further information is requested under paragraph 2, 8 weeks from the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

• (c) such longer period as may be agreed by the undertaker and the relevant planning authority in writing before the end of the period in sub-paragraph (a) or (b).

• (3) For the avoidance of doubt, the relevant planning authority remains seized of the application after the decision period elapses and pending an appeal by the undertaker for non-determination under paragraph 4(1)(b).

Further information

2

• (1) In relation to any application to which this Schedule applies, the relevant planning authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) If the relevant planning authority considers such further information to be necessary and the requirement does not specify that consultation with a requirement consultee is required, it must, within 7 business days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the requirement specifies that consultation with a requirement consultee is required, the relevant planning authority must issue the consultation to the requirement consultee within 3 business days of receipt of the application, and must notify the undertaker in writing specifying any further information requested by the requirement consultee within 3 business days of receipt of such a request and in any event within 35 days of receipt of the application.

• (4) If the relevant planning authority does not give such notification as specified in sub-paragraph (2) or (3) it is deemed to have sufficient information to consider the application and is not thereafter be entitled to request further information without the prior agreement of the undertaker.

Fees

3

• (1) Where an application is made to the relevant planning authority for agreement or approval in respect of a requirement, a fee of £97, or such greater sum as applies by regulations for the discharge of planning conditions, must be paid to that authority.

• (2) Any fee paid under this Schedule must be refunded to the undertaker within 8 weeks of the relevant planning authority failing to determine the application within the decision period as determined under paragraph 1, unless within that period the undertaker agrees, in writing, that the fee may be retained by the relevant planning authority and credited in respect of a future application.

Appeals

4

• (1) The undertaker may appeal in the event that—

• (a) the relevant planning authority refuses an application for any agreement or approval required by a requirement included in this Order or grants it subject to conditions;

• (b) the relevant planning authority does not give notice of its decision to the undertaker within the decision period as determined in paragraph 1;

• (c) on receipt of a request for further information pursuant to paragraph 2 the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or

• (d) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provide is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) the undertaker must submit the appeal documentation to the Secretary of State, a copy of the application submitted to the relevant planning authority and any supporting documentation which the undertaker may wish to provide (“the appeal documentation”);

• (b) the undertaker must on the same day provide copies of the appeal documentation to the relevant planning authority and the requirement consultee (if applicable);

• (c) as soon as is practicable after receiving the appeal documentation, but in any event within 10 business days of receiving the appeal documentation, the Secretary of State must appoint a person and forthwith notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

• (d) the relevant planning authority and the requirement consultee (if applicable) must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under paragraph (c) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (d) above.

• (3) The appointed person must make his decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable. If the appointed person considers that further information is necessary to enable him to consider the appeal he must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (4) Any further information required pursuant to sub-paragraph (3) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.

• (5) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (6) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed, or set by the appointed person, under this paragraph.

• (7) The appointed person may proceed to a decision even though no written representations have been made within those time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (8) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (9) If an approval is given by the appointed person pursuant to this Schedule, it is deemed to be an approval for the purpose of the relevant Requirement in Schedule 1 Part 2 as if it had been given by the relevant planning authority. The relevant planning authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) may not be taken to affect or invalidate the effect of the appointed person’s determination.

• (10) Save where a direction is given pursuant to sub-paragraph (11) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person must be met by the undertaker.

• (11) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to Communities and Local Government Circular 03/2009 or any circular or guidance which may from time to time replace it.

Interpretation of Schedule 7

5

In this Schedule—

• “the appeal parties” means the relevant planning authority, the requirement consultee and the undertaker;

• “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971; and

• “requirement consultee” means anybody named in a requirement which is the subject of an appeal as a body to be consulted by the relevant planning authority in discharging that requirement.

SCHEDULE 8 — PROTECTIVE PROVISIONS

For the protection of Canal and River Trust

Interpretation

1

• (1) For the protection of CRT the following provisions of this Schedule shall, unless otherwise agreed in writing between the undertaker and CRT, have effect.

• (2) In this Schedule—

• “construction”, in relation to any specified work or protective work, includes—the execution and placing of that work; andany relaying, renewal, or maintenance of that work as may be carried out during the period of 24 months from the completion of that work; and “construct” and “constructed” have corresponding meanings;

• “CRT” means the Canal & River Trust;

• “CRT’s network” means CRT’s network of waterways;

• “detriment” means any damage to the waterway or any other property of CRT caused by the presence of the authorised works and, without prejudice to the generality of that meaning, includes—any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths);the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway;the deposit of materials or the siltation of the waterway so as to damage the waterway;the pollution of the waterway;any significant alteration in the water level of the waterway, or significant interference with the supply of water thereto, or drainage of water therefrom;any harm to the ecology of the waterway (including any adverse impact on any site of special scientific interest comprised in CRT’s network);any interference with the exercise by any person of rights over CRT’s network;

• “the engineer” means an engineer appointed by CRT for the purpose in question;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

• “practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” shall be construed accordingly;

• “protective work” means a work constructed under paragraph 6(3)(a);

• “specified work” means so much of Work Nos. 3, 6 and 8G as are situated upon, across, under, over or within 15 metres of, or may in any way affect the waterway;

• “towing path” means the towing path forming part of the waterway;

• “the waterway” means the Aire & Calder Navigation, and includes any works, lands or premises belonging to CRT, or under its management or control, and held or used by CRT in connection with that canal.

Powers requiring CRT’s consent

2

• (1) The undertaker shall not in the exercise of the powers conferred by this Order obstruct or interfere with pedestrian or vehicular access to the waterway unless such obstruction or interference with such access is with the consent of CRT.

• (2) The undertaker shall not exercise any power conferred by this Order to discharge water into the waterway under article 15 (discharge of water) or in any way interfere with the supply of water to or the drainage of water from the waterway unless such exercise is with the consent of CRT, save as to surface water discharge which will not require the consent of CRT.

• (3) The undertaker shall not exercise the powers conferred article 16 (authority to survey and investigate land) or section 11(3) of the 1965 Act, in relation to the waterway unless such exercise is with the consent of CRT.

• (4) The undertaker shall not exercise the powers conferred by section 271 or 272 of the Town and Country Planning Act 1990, as applied by Schedule 3 to this Order (streets to be stopped up), so as to divert any right of access to the waterway but such right of access may be diverted with the consent of CRT.

• (5) The consent of CRT pursuant to sub-paragraphs (1) to (4) shall not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions which in the case of article 15 (discharge of water) may include conditions—

• (a) specifying the maximum volume of water which may be discharged in any period; and

• (b) authorising CRT on giving reasonable notice (except in an emergency, when CRT may require immediate suspension) to the undertaker to require the undertaker to suspend the discharge of water or reduce the flow of water where this is necessary by reason of any operational or environmental requirement of CRT,

to the extent that any discharge of water by the undertaker is into the waterway.

Vehicles, plant and machinery

3

The undertaker shall not use any land or property of CRT forming part of the waterway for the passage or siting of vehicles, plant or machinery employed in the construction of the specified works other than—

• (a) with the consent in writing of the engineer whose consent shall not be unreasonably withheld; and

• (b) subject to compliance with such reasonable requirements as the engineer may from time to time specify—

• (i) for the prevention of detriment; or

• (ii) in order to avoid or reduce any inconvenience to CRT, its officers and agents and all other persons lawfully on such land or property, but nothing in this paragraph shall apply in relation to anything done in accordance with any approval given by CRT under paragraph 6.

Fencing

4

Where so required by the engineer the undertaker shall to the reasonable satisfaction of the engineer fence off a specified work or a protective work or take such other steps as the engineer may require to be taken for the purpose of separating a specified work or a protective work from the waterway, whether on a temporary or permanent basis or both.

Survey of waterway

5

• (1) Before the commencement of the initial construction of any part of the specified works and again following practical completion of the specified works the undertaker shall bear the reasonable cost of the carrying out by a qualified engineer (the “surveyor”), to be approved by CRT and the undertaker, of a survey including a dip-survey to measure the depth of the waterway (“the survey”) of so much of the waterway and of any land and existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified works.

• (2) For the purposes of the survey the undertaker shall—

• (a) on being given reasonable notice (save in case of emergency, when immediate access shall be afforded) afford reasonable facilities to the surveyor for access to the site of the specified works and to any land and existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified works; and

• (b) supply the surveyor as soon as reasonably practicable with all such information as he may reasonably require with regard to such existing works of the undertaker and to the specified works or the method of their construction.

• (3) The reasonable costs of the survey shall include the costs of any dewatering or reduction of the water level of any part of the waterway (where reasonably required) which may be effected to facilitate the carrying out of the survey and the provisions of this Schedule shall apply with all necessary modifications to any such dewatering or reduction in the water level as though the same were specified works.

• (4) Copies of the survey shall be provided to both CRT and the undertaker at no cost to CRT.

Approval of plans, protective works etc.

6

• (1) The undertaker shall before commencing construction of any specified work within the boundaries of the specified works including any temporary works supply to CRT proper and sufficient plans of that work and such further particulars available to it as CRT may within 14 days of the submission of the plans reasonably require for the approval of the engineer and shall not commence such construction of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.

• (2) The approval of the engineer under sub-paragraph (1) shall not be unreasonably withheld or delayed, and if within 35 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to CRT the engineer has not intimated his disapproval of those plans and the grounds of his disapproval he shall be deemed to have approved the plans as submitted.

• (3) When signifying approval of the plans the engineer may specify on land held or controlled by CRT or the undertaker and subject to such works being authorised by the order or being development permitted by an Act of Parliament or general development order made under the 1990 Act —

• (a) any protective work (whether temporary or permanent) which in the reasonable opinion of the engineer should be carried out before the commencement of a specified work to prevent detriment; and

• (b) such other requirements as may be reasonably necessary to prevent detriment; and such protective works shall be constructed by the undertaker or by CRT at the undertaker’s request with all reasonable dispatch and the undertaker shall not commence the construction of a specified work until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction such consent not to be unreasonably withheld or delayed.

• (4) The undertaker shall pay to CRT a capitalised sum representing the reasonably increased or additional cost of maintaining and, when necessary, renewing any works, including any permanent protective works provided under sub-paragraph (3) above, and of carrying out any additional dredging of the waterway reasonably necessitated by the exercise of any of the powers under this Order but if the cost of maintaining the waterway, or of works of renewal of the waterway, is reduced in consequence of any such works, a capitalised sum representing such reasonable saving shall be set off against any sum payable by the undertaker to CRT under this paragraph.

• (5) In the event that the undertaker fails to complete the construction of, or part of, the specified works CRT may, if it is reasonably required in order to avoid detriment, serve on the undertaker a notice in writing requesting that construction be completed. Any notice served under this sub-paragraph shall state the works that are to be completed by the undertaker and lay out a timetable for the works’ completion. If the undertaker fails to comply with this notice within 35 days, CRT may construct any of the specified works, or part of such works, (together with any adjoining works) in order to complete the construction of, or part of, the specified works or make such works and the undertaker shall reimburse CRT all costs, fees, charges and expenses it has reasonably incurred in carrying out such works.

Design of works

7

Without prejudice to its obligations under the foregoing provisions of this Schedule the undertaker shall consult, collaborate and respond constructively to any approach, suggestion, proposal or initiative made by CRT on—

• (a) the design and appearance of the specified works, including the materials to be used for their construction; and

• (b) the environmental effects of those works;

and shall have regard to such views as may be expressed by CRT to the extent that these accord with the requirements of the local planning authority in response to such consultation pursuant in particular to the requirements imposed on CRT by section 22 (general environmental and recreational duties) of the British Waterways Act 1995 and to the interest of CRT in preserving and enhancing the environment of its waterways.

Notice of works

8

The undertaker shall give to the engineer 30 days’ notice of its intention to commence the construction of any of the specified or protective works, or, in the case of repair carried out in an emergency, such notice as may be reasonably practicable so that, in particular, CRT may where appropriate arrange for the publication of notices bringing those works to the attention of users of CRT’s network.

Lighting

9

The undertaker shall provide and maintain at its own expense in the vicinity of the specified or protective works such temporary lighting and such signal lights for the control of navigation as the engineer may reasonably require during the construction or failure of the specified or protective works.

Construction of specified works

10

• (1) Any specified or protective works shall, when commenced, be constructed—

• (a) with all reasonable dispatch in accordance with the plans approved or deemed to have been approved or settled as aforesaid and with any requirements made under paragraph 6(3) and paragraph 7;

• (b) under the supervision (if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little detriment as is reasonably practicable;

• (d) in such manner as to cause as little inconvenience as is reasonably practicable to CRT, its officers and agents and all other persons lawfully using the waterways, except to the extent that temporary obstruction has otherwise been agreed by CRT.

• (2) Nothing in this Order shall authorise the undertaker to make or maintain any permanent works in or over the waterway so as to impede or prevent (whether by reducing the width of the waterway or otherwise) the passage of any vessel which is of a kind (as to its dimensions) for which CRT is required by section 105(1)(b) and (2) of the Transport Act 1968 to maintain the waterway.

• (3) Following the completion of the construction of the specified works the undertaker shall restore the waterway to a condition no less satisfactory than its condition immediately prior to the commencement of those works unless otherwise agreed between the undertaker and CRT.

Prevention of pollution

11

The undertaker shall not in the course of constructing a specified work or a protective work or otherwise in connection therewith do or permit anything which may result in the pollution of the waterway or the deposit of materials therein and shall take such steps as the engineer may reasonably require to avoid or make good any breach of its obligations under this paragraph.

Access to work – provision of information

12

• (1) The undertaker on being given reasonable notice shall—

• (a) at all reasonable times allow reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

• (2) CRT on being given reasonable notice shall—

• (a) at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by CRT under this Schedule during their construction; and

• (b) supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them and the undertaker shall reimburse CRT’s reasonable costs in relation to the supply of such information.

Alterations to the waterway

13

• (1) If during the construction of a specified work or a protective work or during a period of twenty four (24) months after the completion of those works any alterations or additions, either permanent or temporary, to the waterway are reasonably necessary in consequence of the construction of the specified work or the protective work in order to avoid detriment, and CRT gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which shall be specified in the notice), the undertaker shall pay to CRT the reasonable costs of those alterations or additions including, in respect of any such alterations or additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by CRT in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If the cost of maintaining, working or renewing the waterway is reduced in consequence of any such alterations or additions a capitalised sum representing such saving shall be set off against any sum payable by the undertaker to CRT under this paragraph.

Maintenance of works

14

If at any time after the completion of a specified work or a protective work, not being a work vested in CRT, CRT gives notice to the undertaker informing it that the state of maintenance of the work appears to be such that the work is causing or likely to cause detriment, the undertaker shall, on receipt of such notice, take such steps as may be reasonably necessary to put the work in such state of maintenance as not to cause such detriment.

Repayment of CRT’s fees, etc.

15

The undertaker shall repay to CRT in accordance with CRT’s Code of Practice for Works affecting the Canal and River Trust (as amended from time to time) all fees, costs, charges and expenses reasonably incurred by CRT—

• (a) in constructing any protective works under the provisions of paragraph 6(3)(a);

• (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction or repair of a specified work and any protective works;

• (c) in respect of the employment during the construction of the specified works or any protective works of any inspectors, watchmen and other persons whom it shall be reasonably necessary to appoint for inspecting, watching and lighting any waterway and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works or any protective works; and

• (d) in bringing the specified works or any protective works to the notice of users of CRT’s network.

Costs of alterations, etc.

16

Any additional expenses which CRT may reasonable incur in altering, reconstructing or maintaining the waterway under any powers existing at the date when this Order was made by reason of the existence of a specified work shall, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaired by the undertaker to CRT.

Making good of detriment; compensation and indemnity, etc.

17

• (1) If any detriment shall be caused by the construction or failure of the specified works or the protective works if carried out by the undertaker, the undertaker (if so required by CRT) shall make good such detriment and shall pay to CRT all reasonable expenses to which CRT may be put, and compensation for any loss which CRT may sustain, in making good or otherwise by reason of the detriment.

• (2) The undertaker shall be responsible for and make good to CRT all costs, charges, damages, expenses and losses not otherwise provided for in this Schedule which may be occasioned to and reasonably incurred by CRT—

• (a) by reason of the construction of a specified work or a protective work or the failure of such a work; or

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon the construction of a specified work or a protective work; and subject to sub-paragraph (4) the undertaker shall effectively indemnify and hold harmless CRT from and against all claims and demands arising out of or in connection with any of the matters referred to in paragraphs (a) and (b) (provided that, save as expressly set out in this paragraph, CRT shall not be entitled to recover any consequential losses from the undertaker).

• (3) The fact that any act or thing may have been done by CRT on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision or in accordance with any directions or awards of an arbitrator shall not (if it was done without negligence on the part of CRT or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph.

• (4) Nothing in sub-paragraph (2) shall impose any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or wilful default of CRT, its officers, servants, contractors or agents.

• (5) CRT shall give the undertaker reasonable notice of any such claim or demand as aforesaid and no settlement or compromise of such a claim or demand shall be made without the prior consent of the undertaker.

• (6) The aggregate cap of the undertaker’s gross liability for consequential loses shall be limited to £10,000,000 (ten million pounds) for any one occurrence or all occurrences of a series arising out of the one original cause.

Arbitration

18

Any difference arising between the undertaker and CRT under this Schedule (other than a difference as to the meaning or construction of this Schedule) shall be referred to and settled by arbitration in accordance with article 36 (arbitration) of this Order.

Capitalised sums

19

Any capitalised sum which is required to be paid under this Schedule shall be calculated by multiplying the cost of the maintenance or renewal works to the waterway necessitated as a result of the operation of the authorised development by the number of times that the maintenance or renewal works will be required during the operation of the authorised development.

Signed

Signed by authority of the Secretary of State for Energy and Climate Change

Giles Scott — Head of National Infrastructure Consents and Coal Liabilities — Department of Energy and Climate Change — 10th March 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises Knottingley Power Limited to construct, operate and maintain a combined cycle gas turbine power plant located in east Knottingley, Yorkshire, together with associated development comprising the diversion of the existing 400 kV overhead line to connect the power plant to the grid gas pipeline and cooling water pipelines together with all necessary and associated development. For the purposes of the development Knottingley Power Limited is authorised by the Order compulsorily or by agreement to purchase land and rights in land to use land, as well as to override easements and other rights. The Order also provides a defence in proceedings in respect of statutory nuisance and to discharge water. The Order imposes requirements in connection with the development for which it grants development consent.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 35 (certification of plans etc.) of this Order may be inspected free of charge at Knottingley Library at Knottingley Sports Centre, Hill Top, Pontefract Road, Knottingley, WF11 8EE, and at the offices of Wakefield Council at Wakefield One, Burton Street, Wakefield, WF1 2EB, North Yorkshire County Council at County Hall, Northallerton, North Yorkshire, DL7 8AD, and Selby District Council at Access Selby, 8-10 Market Cross, Selby, YO8 4JS.

Footnotes

[^f00001]: S.I. 2009/2264 as amended by the Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635) and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 (S.I. 2013/522). There are other amendments to the Regulations which are not relevant to this Order.

[^f00002]: 2008 c.29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and Schedule 13 to, the Localism Act 2011 (c.20), and by sections 22 to 27 of the Growth and Infrastructure Act 2013 (c.27), see S.I. 2013/1124 for transitional provisions.

[^f00003]: S.I. 2010/103, as amended by S.I. 2012/635.

[^f00004]: 1961 c.33. There are amendments to the 1961 Act which are not relevant to this Order.

[^f00005]: 1965 c.56. Section 3 was amended by section 70 of, and paragraph 3 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). Section 4 was amended by section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c.71). Section 5 was amended by sections 67 and 80 of, and Part 2 of Schedule 18 to, the Planning and Compensation Act 1991. Section 11(1) and sections 3, 31 and 32 were amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67) and by section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1). Section 12 was amended by section 56(2) of, and Part 1 to Schedule 9 to, the Courts Act 1971 (c.23). Section 13 was amended by section 139 of the Tribunals, Courts and Enforcement Act 2007 (c.15). Section 20 was amended by section 70 of, and paragraph 14 of Schedule 15 to, the Planning and Compensation Act 1991. Sections 9, 25 and 29 were amended by the Statute Law (Repeals) Act 1973 (c.39). Section 31 was also amended by section 70 of, and paragraph 19 of Schedule 15 to, the Planning and Compensation Act 1991 and by section 14 of, and paragraph 12(2) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006. There are other amendments to the 1965 Act which are not relevant to this Order.

[^f00006]: 1980 c.66. Section 1(1) was amended by section 21(2) of the New Roads and Street Works Act 1991 (c.22); sections 1(2), 1(3) and 1(4) were amended by section 8 of, and paragraph (1) of Schedule 4 to, the Local Government Act 1985 (c.51); section 1(2A) was inserted, and section 1(3) was amended, by section 259(1), (2) and (3) of the Greater London Authority Act 1999 (c.29); sections 1(3A) and 1(5) were inserted by section 22(1) of, and paragraph 1 of Schedule 7 to, the Local Government (Wales) Act 1994 (c.19). Section 36(2) was amended by section 4(1) of, and paragraph 47(a) and (b) of Schedule 2 to, the Housing (Consequential Provisions) Act 1985 (c.71), by S.I. 2006/1177, by section 4 of, and paragraph 45(3) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11), by section 64(1), (2) and (3) of the Transport and Works Act 1992 (c.42) and by section 57 of, and paragraph 5 of Part 1 of Schedule 6 to, the Countryside and Rights of Way Act 2000 (c.37); section 36(3A) was inserted by section 65(5) of the Transport and Works Act 1992 and was amended by S.I. 2006/1177; section 36(6) was amended by section 8 of, and paragraph 7 of Schedule 4 to, the Local Government Act 1985; and section 36(7) was inserted by section 22(1) of, and paragraph 4 of Schedule 7 to, the Local Government (Wales) Act 1994. Section 329 was amended by section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c.29) and by section 190(3) of, and Part 1 of Schedule 27 to, the Water Act 1989 (c.15). There are other amendments to the 1980 Act which are not relevant to this Order.

[^f00007]: 1981 c.66. Sections 2(3), 6(2) and 11(6) were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). Section 15 was amended by sections 56 and 321(1) of, and Schedules 8 and 16 to, the Housing and Regeneration Act 2008 (c.17). Paragraph 1 of Schedule 2 was amended by section 76 of, and Part 2 of Schedule 9 to, the Housing Act 1988 (c.50); section 161(4) of, and Schedule 19 to, the Leasehold Reform, Housing and Urban Development Act 1993 (c.28); and sections 56 and 321(1) of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 3 of Schedule 2 was amended by section 76 of, and Schedule 9 to, the Housing Act 1988 and section 56 of, and Schedule 8 to, the Housing and Regeneration Act 2008. Paragraph 2 of Schedule 3 was repealed by section 277 of, and Schedule 9 to, the Inheritance Tax Act 1984 (c.51). There are amendments to the 1981 Act which are not relevant to this Order.

[^f00008]: 1990 c.8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c.29) (date in force in relation to England: 6th April 2012: S.I. 2012/601). There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00009]: 1991 c.22. Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c.26). Sections 78(4), 80(4), and 83(4) were amended by section 40 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).

[^f00010]: 1981 c.67. Section 7 was amended by section 70 of, and paragraph 9 of Schedule 15 to, the Planning and Compensation Act 1991 (c.34). There are other amendments to the 1981 Act which are not relevant to this Order.

[^f00011]: 1989 c.29. Section 6 was amended by section 30 of the Utilities Act 2000 (c.27), and section 6(10) amended by section 89(3) of the Energy Act 2004 (c.20). There are other amendments to this section that are not relevant to this Order.

[^f00012]: 1986 c.44. Section 7 was amended by section 5 of the Gas Act 1995 (c.45) and section 76(2) of the Utilities Act 2000 (c.27). There are other amendments to this section that are not relevant to this Order.

[^f00013]: S.I 1997/1160. There are amendments to the Regulations which are not relevant to this Order.

[^f00014]: 1990 c.43. Section 82(1) was amended by paragraph 6 of Schedule 17 to the Environment Act 1995 (c.25). There are amendments to this Act which are not relevant to this Order.

[^f00015]: Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c.40) and paragraph 6 of Schedule 17 to the Environment Act 1995 (c.25).

[^f00016]: 1974 c.40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15(4) of Schedule 15 to, the Environmental Protection Act 1990, c.43. There are other amendments to the 1974 Act which are not relevant to this Order.

[^f00017]: A number of these provisions are amended, including by the Traffic Management Act 2004 (c.18).

[^f00018]: 1991 c.56. Section 106 was amended by sections 36(2) and 99 of the Water Act 2003 (c.37), and amended by section 32 of, and paragraph 16(2) of Schedule 3 to, the Flood and Water Management Act 2010 (date in force to be appointed, see section 49(3)(h)(i)). There are other amendments to this section which are not relevant to this Order.

[^f00019]: S.I. 2010/675, as amended by the Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), the Environmental Permitting (England and Wales) (Amendment No. 2) Regulations 2011 (S.I. 2011/2933), the Environmental Permitting (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/630), the Controlled Waste (England and Wales) Regulations 2012 (S.I. 2012/811).

[^f00020]: 1964 c.40.

[^f00021]: The functions of the Lands Tribunal under the 1961 Act are transferred to the Upper Tribunal under the Tribunals, Courts and Enforcement Act 2007 (c.15).

[^f00022]: 1857 c.81. There are amendments to this Act which are not relevant to this Order.

[^f00023]: 1981 c.66. Sections 2, 6 and 11 were amended by section 4 of, and paragraph 52 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c.11). There are other amendments to the 1981 Act which are not relevant to this Order.